Kancharla Venkayamma v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37867 of 2016 Date: 11.11.2016 Between:

Kancharla Venkayamma W/o Krishna Rao, Aged 73 years, Occu: Senior Citizen, R/o Abbarajupalem Village, Tulluru Mandal, Guntur District and another.

.....Petitioners and The State of Andhra Pradesh rep.by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37867 of 2016 ORDER:

This writ petition is filed praying to grant the following relief: "To issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not extending the benefits under the land pooling scheme even after taking our land over an extent of Ac.O-56 cents out of an Ac.O-84 cents in D.No.312/D of Ananthavaram Village, Tulluru Mandal, Guntur District under the land pooling scheme and even after enquiry U/sec.50 of the A.P. C.R.D. Authority Act, 2014 as illegal, arbitrary, unconstitutional and against to the principles of natural justice and to pass such other and further orders as the Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

When the matter is taken up for consideration, learned standing counsel representing Andhra Pradesh Capital Region Development Authority submits that there is an inter se dispute concerning the subject property required to be resolved under Section 50 of Andhra Pradesh Capital Region Development Authority Act, 2014 (for short, Act, 2014) and unless dispute is resolved, amount cannot be determined and paid. He would submit that the competent authority has to decide the dispute and on resolution of the dispute only amount would be released to the persons entitled in terms of the decision, and requests for grant of reasonable time for passing orders.

3.

Having regard to the said submissions, learned counsel for petitioners would only submit that the authority be directed to resolve the dispute at the earliest possible time since the

1st petitioner as well as 5th respondent are at the advanced age and matter requires early resolution.

4.

Having regard to these submissions, the writ petition is disposed of, directing the 2nd and 3rd respondents to resolve the dispute under Section 50 of the Act, 2014 as expeditiously as possible preferably within a period of six weeks from the date of receipt of copy of this order. It is made clear that there is no expression of opinion on rival claims and parties are at liberty to prosecute their legal remedies, if they are aggrieved by decision made by the competent authority under Section 50 of the Act, 2014.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________________ JUSTICE P.NAVEEN RAO Date: 11.11.2016 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37867 of 2016 Date: 11.11.2016 kkm